TITLE VI 2020 Environmental Justice State of South Carolina
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Environmental
TITLE VI 2020
Justice State
of South Carolina
Greenville-Pickens Area Transportation Study
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Table of Contents
List of Tables ...................................................................................................................... iii
List of Figures .................................................................................................................... iv
Policy Statement ................................................................................................................. v
GPATS Title VI Assurance ............................................................................................... vi
Appendix A .............................................................................................................................. viii
Appendix B ................................................................................................................................. x
Appendix C ............................................................................................................................... xii
Appendix D .............................................................................................................................. xiii
Appendix E .............................................................................................................................. xiv
Authorities ........................................................................................................................ xvi
Administration - General .............................................................................................. xviii
Special Emphasis Program Areas .................................................................................... xx
Planning .................................................................................................................................... xx
Transit ....................................................................................................................................... xx
Notice to the Public under Title VI for GPATS ................................................................ 1
Report Procedures .............................................................................................................. 2
Investigation ................................................................................................................................ 2
Investigation Plan ................................................................................................................... 2
Conducting the Investigation .................................................................................................. 2
Investigation Reporting Process ............................................................................................. 2
Records ................................................................................................................................... 3
Filing a Report .................................................................................................................... 4
Introduction ................................................................................................................................. 4
Purpose........................................................................................................................................ 4
Roles and Responsibilities .......................................................................................................... 4
Internal Report Processing ................................................................................................ 7
Initial Contact.............................................................................................................................. 7
The Report Review Process ........................................................................................................ 7
Title VI Liaison ................................................................................................................... 8
Title VI Report Form.......................................................................................................... 9
Title VI Report Log .......................................................................................................... 11
Investigations, Reports, & Lawsuits ................................................................................ 12
Public Participation Plan (PPP) ....................................................................................... 13
Limited English Proficient (LEP) Plan ............................................................................ 14
Facility Site Equity Analysis ............................................................................................ 15
Fixed Route Transit Provider Requirements .................................................................. 16
GPATS Advisory Team .................................................................................................... 17
System-wide Standards and Polices ................................................................................. 22
Monitoring of Sub-recipients ........................................................................................... 23
Assistance Provided to Sub-recipients ............................................................................. 24
MPO Requirements .......................................................................................................... 25
Definitions ......................................................................................................................... 42
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List of Tables
Table 1: GPATS Study Team ........................................................................................................ 17
Table 2: Demographics................................................................................................................. 25
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List of Figures
Figure 1: Total White Population ................................................................................................. 26
Figure 2: Percentage White Population ....................................................................................... 27
Figure 3: Total Non-White Population ......................................................................................... 28
Figure 4: Percentage Non-White Population ............................................................................... 29
Figure 5: Total Black Population ..................................................................................... 30
Figure 6: Percentage Black Population ........................................................................... 31
Figure 7: Total American Indian and Alaska Native........................................................ 32
Figure 8: Percentage American Indian and Alaska Native .............................................. 33
Figure 9: Total Asian Population ..................................................................................... 34
Figure 10: Percentage Asian Population ......................................................................... 35
Figure 11: Total Native Hawaiian and Other Pacific Islander ........................................ 36
Figure 12: Percentage Native Hawaiian and Other Pacific Islander .............................. 37
Figure 13: Total Hispanic or Latino ............................................................................................ 38
Figure 14: Percentage Hispanic or Latino................................................................................... 39
Figure 15: Average Median Income (AMI) .................................................................................. 40
Figure 16: Environmental Justice Areas (EJA) ............................................................................ 41
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Policy Statement
The Greenville-Pickens Area Transportation Study (GPATS) is committed to ensuring the
fundamental principles of equal opportunity are upheld in all decisions involving our employees
and contractors/consultants and to ensuring that the public-at-large is afforded access to our
programs and services.
To that end, no person shall be excluded from participation in, be denied the benefits of, or be
otherwise subjected to mistreatment under any GPATS program or activity on the grounds of race,
color, or national origin. GPATS assures all its programs and activities will be free from
mistreatment, whether those programs and activities are federally funded or not.
GPATS conducts its Title VI/Environmental Justice Program in a team approach involving all
GPATS personnel. The Director of GPATS is responsible to ensure GPATS’ compliance with the
Title VI/EJ implementing regulations.
Inquiries concerning GPATS’ policies, investigations, reports and compliance with applicable
laws, regulations, and concerns regarding compliance with Title VI/Environmental Justice may be
directed to the Director at Greenville-Pickens Area Transportation Study, 301 University Ridge,
Ste 3800, Greenville, South Carolina 29601, telephone 864-467-7143.
This policy statement must be circulated throughout GPATS and be included by reference in all
contracts, agreements, programs, and services administered by GPATS.
March 12,
________________________________________________________________
2020
Keith Brockington, GPATS Executive Director
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GPATS Title VI Assurance
GPATS (herein after referred to as the “Recipient”) HEREBY AGREES THAT as a condition to
receiving any federal financial assistance from the U.S. Department of Transportation, it will
comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d-42 USC 2000d-
4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Non-mistreatment in Federally-Assisted Programs of the Department of Transportation –
Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations)
and other pertinent directives, to the end that in accordance with the Act, Regulations, and other
pertinent directives, no person in the United States shall, on the grounds of gender, race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to mistreatment under any program or activity for which the Recipient receives Federal
financial assistance from the Department of Transportation, including the Federal Highway
Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures
necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the
Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives the
following specific assurances with respect to the Federal Aid highway program:
1. That the Recipient agrees that each “program” and each “facility” as defined in subsections
21.23(e) and 21.23(b) of the Regulations, will be (with regard to a “program”) conducted,
or will be (with regard to a “facility”) operated in compliance with all requirements
imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for
work or material subject to the Regulations and, in adapted form, in all proposals for
negotiated agreements:
The (Recipient), in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-mistreatment in Federally-
assisted programs of the Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that in any contract entered into pursuant
to this advertisement, Non-White business enterprises will be afforded full opportunity to
submit bids in response to this invitation and will not be mistreated on the grounds of
gender, disability, race, color, or national origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract
subject to the Act and the Regulations.
4. That where the Recipient receives federal financial assistance to construct a facility, or part
of a facility, the assurance shall extend to the entire facility and facilities operated in
connection therewith.
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5. That where the Recipient receives federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
6. That this assurance obligates the Recipient for the period during which federal financial
assistance is extended to the program, except where the federal financial assistance is to
provide, or is in the form of, personal property, or real property or interest therein or
structures or improvements thereon, in which case the assurance obligates the Recipients
or any transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which the federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits; of (b) the period
during which the Recipient retains ownership or possession of the property.
7. The Recipient shall provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to whom he delegates specific
authority to give reasonable guarantee that it, other recipients, sub-grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of federal financial
assistance under such program will comply with all requirements imposed or pursuant to
the Act, the Regulations, and this assurance.
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Appendix A
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
Compliance with Regulations: The contractor (Hereinafter includes consultants) will comply
with the Acts and the Regulations relative to Non-mistreatment in Federally-assisted programs of
the U.S. Department of Transportation, Federal Highway Administration (FHWA), and Federal
Transit Administration (FTA), as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
(1) Non-mistreatment: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate directly or indirectly in the mistreatment prohibited by Acts
and the Regulations, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR part 21. This includes FHWA or FTA
specific program requirement.
(2) Solicitations for Subcontractors, Including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the contractor for
work to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of the
contractor's obligations under this contract and the Acts and the Regulations relative to Non-
mistreatment on the grounds of race, color, or national origin. This includes FHWA or FTA
specific program requirements.
(3) Information and Reports: The contractor will provide all information and report required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the Greenville-Pickens Area Transportation Study (GPATS) (MPO), the FEDERAL
HIGHWAY ADMINISTRATION (FHWA), or the FEDERAL TRANSIT
ADMINISTRATION (FTA) to be pertinent to ascertain compliance with such Acts,
Regulations, instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the contractor will so
certify to the Greenville-Pickens Area Transportation Study (GPATS) (MPO), FHWA or the
FTA, as appropriate, and will set forth what efforts it has made to obtain the information.
(4) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the Non-
mistreatment provisions of this contract, the Greenville-Pickens Area Transportation Study
(GPATS) (MPO) will impose such contract sanctions as it or the FEDERAL HIGHWAY
ADMINISTRATION (FHWA), or the FEDERAL TRANSIT ADMINISTRATION (FTA)
may determine to be appropriate, including, but not limited to:
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(a) withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(5) Incorporation of Provisions: The contractor will include the provisions of paragraphs one (1)
through six (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto.
The contractor will take action with respect to any subcontractor procurement as the
Greenville-Pickens Area Transportation Study (GPATS) (MPO) the FEDERAL HIGHWAY
ADMINISTRATION (FHWA), or the FEDERAL TRANSIT ADMINISTRATION (FTA)
may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the contractor becomes involved in, or is threatened with, litigation with a
subcontractor, or supplier because of such direction, the contractor may request the Greenville-
Pickens Area Transportation Study (GPATS) (MPO) to enter into any litigation to protect the
interests of the Greenville-Pickens Area Transportation Study (GPATS) (MPO). In addition,
the contractor may request the United States to enter into the litigation to protect the interests
of the United States.
ix | P a g eAppendix B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant
to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the
condition that the Greenville-Pickens Area Transportation Study (GPATS) (MPO) will accept
Title to the lands and maintain the project constructed thereon, in accordance with the appropriate
legislative authority, the Regulations for the Administration of its programs and activities, and the
policies and procedures prescribed by the FEDERAL HIGHWAY ADMINISTRATION or the
FEDERAL TRANSIT ADMINISTRATION of the U.S. Department of Transportation in
accordance with and in compliance with all requirements imposed by Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
mistreatment in federally assisted programs of the U.S. Department of Transportation pertaining
to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42
U.S.C. §2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the SCDOT
all the right, title and interest of the U.S. Department of Transportation in and to said lands
described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Greenville-Pickens Area
Transportation Study (GPATS) (MPO) and its successors forever, subject, however, to the
covenants, conditions, restrictions and reservations herein contained as follows, which will remain
in effect for the period during which the real property or structures are used for a purpose for which
Federal financial assistance is extended or for another purpose involving the provision of similar
services or benefits and will be binding on the Greenville-Pickens Area Transportation Study
(GPATS) (MPO), its successors and assigns.
The Greenville-Pickens Area Transportation Study (GPATS) (MPO), in consideration or the
conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant
running with the land for itself, its successors and assigns, that (1) no person will on the grounds
of race, color, or national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to mistreatment with regard to any facility located wholly or in part on over
or under such lands hereby conveyed [,] [and)* (2) that the Greenville-Pickens Area
Transportation Study (GPATS) (MPO) will use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, SubTitle A, Office of the Secretary, Part 21, Non-mistreatment in
federally assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of
the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in
the event of breach of any of the above-mentioned non-mistreatment conditions, the Department
will have a right to enter or re-enter said lands and facilities on said land, and the above described
land and facilities will thereon revert to and become the absolute property of the U.S. Department
of Transportation and its assigns as such interest existed prior to this instruction].*
x|Page* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purposes of Title VI of the Civil Rights Act of 1964.
xi | P a g eAppendix C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in all deeds, licenses, leases, permits, or similar instruments
entered into by the Greenville-Pickens Area Transportation Study (GPATS) (MPO) pursuant to
the provisions of Assurance 7(a):
A. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant
running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the (grantee, licensee,
lessee, permitee, etc.) will maintain and operate such facilities and services in compliance
with all other requirements imposed by the Acts and Regulations (as may be amended)
such that no person on the grounds of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or be otherwise subjected to mistreatment in the use
of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of a breach of any of the above Non-
mistreatment covenants, Greenville-Pickens Area Transportation Study (GPATS) (MPO)
will have the right to terminate the (lease, license, permit, etc.] and to enter, re-enter, and
repossess said land and the facilities thereon, and hold the same as if said [licenses, lease,
permit, etc.] had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-mistreatment covenants,
Greenville-Pickens Area Transportation Study (GPATS) (MPO) will have the right to enter
or reenter said lands and facilities thereon, and the above described lands and facilities will
thereupon revert to and vest in and become the absolute property of Greenville-Pickens Area
Transportation Study (GPATS) (MPO) and its assigns.*
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
xii | P a g eAppendix D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in all deeds, licenses, leases, permits, or similar instruments
entered into by the Greenville-Pickens Area Transportation Study (GPATS) (MPO) pursuant to
the provisions of Assurance 7(b):
A. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself/herself, his/her
heirs, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and leases add
"as a covenant running with the land") that:
(1) no person on the grounds of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or be otherwise subjected to mistreatment in
the use of said facilities,
(2) that in the construction of any improvements on, over, or under such land, and the
furnishing of services thereon, no person on the grounds of race, color, or national
origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to mistreatment, and
(3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance
with all other requirements imposed by or pursuant to the Acts and Regulations, as
amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Non-mistreatment covenants, Greenville-Pickens Area Transportation Study (GPATS)
(MPO) will have the right to terminate the (license, permit, etc., as appropriate) and enter
or re-enter and repossess said land and the facilities thereon, and hold the same as if said
(license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-mistreatment
covenants, Greenville-Pickens Area Transportation Study (GPATS) (MPO) will have the
right to enter or reenter said lands and facilities thereon, and the above described lands and
facilities will thereupon revert to and vest in and become the absolute property of
Greenville-Pickens Area Transportation Study (GPATS) (MPO) and its assigns.*
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI.
xiii | P a g eAppendix E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-
mistreatment statutes and authorities, including but not limited to:
Pertinent Non-Mistreatment Authorities:
Title VI of the 1964 Civil Rights Act (42 U.S.C. 2§000 et seq., 78 stat. 252), (prohibits
mistreatment on the basis of race, color, national origin); and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. §4601) Prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects;
The Federal-aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits mistreatment
on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits mistreatment on the basis of disability); and 49 CFR Part 27;
The Age Mistreatment Act of 1975, as amended (42 U.S.C. §6101 et seq.), (prohibits
mistreatment on the basis of age);
Airport and Airway Improvement Act of 1982, (42 U.S.C. §47123), as amended, (prohibits
mistreatment on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (P.L. 100-209), (Broadened, the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Mistreatment Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms “programs or activities” to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit mistreatment on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131-
12189) as implemented by Department of Transportation regulations at 49 CFR Parts 37
and 38;
The Federal Aviation Administration’s Non-mistreatment statute (49 U.S.C. §47123)
(prohibits mistreatment on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Non-White
Populations and Low-Income Populations, which ensures Non-mistreatment by
discouraging programs, policies, and activities with disproportionately high and adverse
human health or environmental effects on Non-White and low-income populations;
xiv | P a g e Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin mistreatment includes
mistreatment because of Limited English proficiency (LEP). To ensure compliance,
recipients must take reasonable steps to ensure that LEP persons have meaningful access
to programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendment of 1972, as amended, which prohibits mistreatment
on the basis of sex in education programs or activities (20 U.S.C. 1681 et seq.).
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
federal grants, loans, contracts, property, discounts or other federal financial assistance extended
after the date hereof to the Recipient under the Federal Aid highway program and is binding on it,
other recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest and
other participants in the Federal Aid highway program. The person or persons whose signatures
appear below are authorized to sign this assurance on behalf of the Recipient.
Greenville-Pickens Area Transportation Study
March 12, Recipient
2020
________________________________________________________________
Keith Brockington, GPATS Executive Director
xv | P a g eAuthorities
Title VI of the Civil Rights Act of 1964, 42 USC 2000d to 2000-4;
42 USC 4601 to 4655; 23 USC 109(h);
Title VI of the 1964 Civil Rights Act provides that no person in the United States shall, on the
grounds of race, color, or national origin be denied the benefits of, or be otherwise subjected to
mistreatment under any program or activity receiving federal financial assistance (please refer to
23 CFR 200.9 and 49 CFR 21).
The Civil Rights Restoration Act of 1987 also broadened the scope of Title VI coverage by
expanding the definition of terms “programs or activities” to include all programs or activities of
Federal Aid recipients, sub-recipients, and contractors, whether such programs and activities are
federally assisted or not (Public Law 100-259 [S. 557] March 22, 1988).
Federal Aid Highway Act of 1973, 23 USC 324: No person shall on the ground of sex be
excluded from participation in, be denied the benefits of, or be subjected to mistreatment under
any program or activity receiving federal assistance under this title or carried on under this title.
Age Mistreatment Act of 1975, 42 USC 6101: No person in the United States shall, on the basis
of age, be excluded from participation in, be denied the benefits of, or be subjected to mistreatment
under, any program or activity receiving federal financial assistance.
Americans With Disabilities Act of 1990 PL 101-336: No qualified individual with a disability
shall, by reason of such disability, be excluded from the participation in, be denied the benefits of,
or be subjected to mistreatment by a department, agency, special purpose district, or other
instrumentality of a state or a local government.
Section 504 of the Rehabilitation Act of 1973: No qualified handicapped person shall, solely by
reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected
to mistreatment under any program or activity that receives or benefits from federal financial
assistance.
Circulator 4702.1B: The purpose of this circular is to provide recipients of Federal Transit
Administration (FTA) financial assistance with guidance and instructions necessary to carry out
U.S. Department of Transportation (“DOT” or “the Department”) Title VI regulations (49 CFR
part 21) and to integrate into their programs and activities considerations expressed in the
Department’s Policy Guidance Concerning Recipients’ Responsibilities to Limited English
Proficient (LEP) Persons (70 FR 74087, December 14, 2005).
USDOT Order 1050.2: Standard Title VI Assurances
EO 12250: Department of Justice Leadership and coordination of Non-mistreatment Laws.
xvi | P a g eEO 12898: Federal Actions to Address Environmental Justice in Non-White Populations and
Low-Income Populations; and
28 CFR 50.3: Guidelines for the enforcement of Title VI, Civil Rights Act of 1964.
EO 13166: Improving Access to Services for Persons with Limited English Proficiency
xvii | P a g eAdministration - General
The GPATS Director shall have lead responsibility for coordinating the administration of the Title
VI/Environmental Justice (Title VI/EJ) and related statutes, program, plan, and assurances. Special
emphasis program areas for GPATS are Public Transit, Planning Assistance and Program
Management. GPATS has developed a Public Involvement Process, which will be used in
conjunction with the Title VI/Environmental justice program and is include by reference.
Reports
If any individual believes that they or any other program beneficiaries have been the object
of an unequal treatment or mistreatment as to the receipt of benefits and/or services, or on
the grounds of race, color, national origin (including Limited English Proficiency), sex,
age, or handicap, they may exercise their right to file a report with GPATS. Reports may
be filed with the GPATS Director. Every effort will be made to resolve Reports informally
at the lowest level.
Reports may also be filed directly with the Federal Highway Administration.
Data Collection
Statistical data on race, color, national origin, English language ability and sex of
participants in, and beneficiaries of the GPATS programs, e.g., relocates, impacted
citizens, and affected communities, will be gathered and maintained by GPATS. The
gathering procedures will be reviewed annually to ensure sufficiency of the data in meeting
the requirements of the Title VI/EJ program.
GPATS Reviews
Special emphasis program reviews will be conducted based on the annual summary of Title
VI activities, accomplishments and problems. The reviews will be conducted by GPATS
to assure effectiveness in their compliance of Title VI/EJ provisions. The GPATS Director
will coordinate efforts to ensure the equal participation in all their programs and activities
at all levels.
Title VI/EJ Reviews on Sub-recipients
Title VI/EJ compliance reviews will be conducted annually by the GPATS Director.
Priority for conducting reviews will be given to those recipients of federal (US Department
of Transportation) funds with the greatest potential of impact to those groups covered by
the act. The reviews will entail examination of the recipients’ adherence to all Title VI/EJ
requirements. The status of each review will be reported in the annual update and report
to relevant US Department of Transportation (US DOT) modes (e.g. FHWA, Federal
Transit Administration).
Annual Reports
xviii | P a g eAn annual report will be required by August 1 of each year. The GPATS Director will be
responsible for coordination and compilation of these reports. Said reports are to be
submitted by September 1 to the South Carolina Department of Transportation (SCDOT)
and Federal Highway Administration. These reports will review Title VI/EJ
accomplishments achieved during the year and goals for the next year.
Title VI/EJ Plan Updates
An annual update of the Title VI implementing plan will be submitted by October 1 to the
Federal Highway Division Administrator for approval or disapproval.
FTA Title VI Compliance Reviews
Triennial Reviews by FTA as required by Circular 4702.1, Title VI Program Guidelines
for Federal Transit Administration recipients. The report may be submitted more often
should conditions warrant. Currently the City of Greenville has taken over the FTA funds
and transit operations of GTA.
Public Dissemination
GPATS will disseminate Title VI/EJ program information to GPATS employees and to the
general public. Title VI/EJ program information will be submitted to sub-recipients,
contractors, and beneficiaries. Public dissemination will include inclusion of Title VI/EJ
language in contracts and publishing the Title VI/EJ Policy Statement on GPATS’s Web
site.
Remedial Action
GPATS will actively pursue the prevention of Title VI/EJ deficiencies and violations and
will take the necessary steps to ensure compliance with all program administrative
requirements. When deficiencies are found, procedures will be promptly implemented to
correct the deficiencies and to put in writing the corrective action(s). The period to
determine corrective action(s) and put it (them) in writing to effect compliance may not to
exceed 90 days from the date deficiencies are found.
xix | P a g eSpecial Emphasis Program Areas
Planning
Develop the Metropolitan Planning Organization’s (MPO’s) input into the State Transportation
Improvement Program (STIP) and the 6-Year Plan. The MPO is also responsible for developing
a 20-Year Plan and the Transportation Improvement Program (TIP) to meet present and future
needs for safe, adequate, and efficient transportation. Planning also encompasses clean air issues,
safety, pavement management, transportation analysis, transportation reporting, inventory,
research, mapping, major project studies and training and technical assistance for communities.
GPATS Director will:
Ensure that all aspects of the planning process operation, including environmental
impact reviews, comply with Title VI/EJ.
Serve as a resource person helping to ensure participation of a cross section of
people representative of the affected population, including various and diverse
social, economic, and ethnic interest groups are represented in the planning process.
Provide the annual report on Title VI/EJ accomplishments for the previous year and
goals for the next year.
Ensure equal opportunity for participation on Advisory Committees.
Ensure Title VI/EJ language is included or incorporated by reference in every sub-
recipient contract.
Transit
Coordinate local planning efforts with respect to transit.
GPATS Director will:
Encourage land-use development and density that supports transit and multi modal
opportunities.
Collaborate with City Planners and Greenville Transit Authority and Clemson Area
Transit in the development of transit or multimodal studies and plans,
Develop transportation projects that are designed to provide safe transit stops and
bike lanes or other amenities that encourage other modes of travel.
xx | P a g eNotice to the Public under Title VI for GPATS
Section 601 of Title VI of the Civil Rights Act of 1964 states the following:
No person in the United States shall, on the ground of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to mistreatment under any program
or activity receiving Federal financial assistance.
Greenville-Pickens Area Transportation Study (GPATS) operates its programs and
services without regard to race, color, and national origin in accordance with the Title VI
of the Civil Rights Act. Any person who believes he or she has been aggrieved by any
unlawful discriminatory practice under Title VI may file a report with GPATS.
For more information contact the GPATS Executive Director Keith Brockington at
kbrockington@greenvillecounty.org or (864) 467-7143 or the Title VI Coordinator
Asangwua Ikein at aikein@greenvillecounty.org or (864) 467-7287.
If information is needed in another language, contact (864) 467-7270.
A reportee may file a report directly with the Federal Transit Administration by filing a
report with the Office of Civil Rights,
o Attention: Title VI Program Coordinator
East Building, 5th Floor-TCR
1200 New Jersey Ave, SE
Washington, DC 20590
~Si se necesita información en otro idioma llame al (864) 467-7270.
As outlined in the Public Participation Plan (PPP), GPATS’ public notices in public areas of the
agency’s offices, posted to http://gpats.org/AboutGPATS/Calendar.aspx, meeting notices and
calendar events are listed by Greenville County, at
https://www.greenvillecounty.org/apps/CalendarGC/CountyCouncil.aspx, as meeting rooms are
reserved, and any public notices of official changes to plans (e.g., TIP Amendments) are published
with the Greenville News.
1|PageReport Procedures
Investigation
Investigation Plan
The investigator (only an individual who is trained in civil rights) shall prepare a written plan
which includes, but is not limited to, the following:
Names of the reportee(s) and respondent(s);
Basis for the report;
Issues, events, or circumstances that caused the person to believe that they has been
mistreated;
Information needed to address the issue;
Criteria, sources necessary to obtain the information;
Identification of key people;
Estimated investigation time line; and
Remedy sought by the reportee(s).
Conducting the Investigation
The investigation will address only those issues relevant to the allegations in the report.
Confidentiality will be maintained as much as possible.
Interviews will be conducted to obtain facts and evidence regarding the allegations in the
report. The investigator will ask questions to elicit information about aspects of the case.
A chronological contact sheet is maintained in the case file throughout the investigation.
Only individuals trained in civil rights should conduct mistreatment investigations.
Investigation Reporting Process
Within 40 days of receiving the report, the investigator prepares an investigative report and
submits the report and supporting documentation to the Human Resources Director or their
designee for review.
The Director or designee reviews the file and investigative report. Subsequent to the
review, the Director makes a final determination of “probable cause” or “no probable
cause” and prepares the final decision letter.
Reporting Requirements to an External Agency
A copy of the report, together with a copy of the investigation report and the Director’s final decision letter, is
forwarded to the Federal Highway Administration South Carolina Division Office within 60 days of the date
the report was received.
2|PageRecords
All records and investigative working files are maintained in a confidential area. Records are kept
for three years.
3|PageFiling a Report
Introduction
The Title VI/Environmental Justice and Related Statutes report procedures are intended to provide
aggrieved persons an avenue to raise reports of mistreatment regarding GPATS’ programs,
activities and services as required by statute.
Purpose
The purpose of the mistreatment report procedures is to describe the process used by the Office of
Human Resources (OHR) for processing reports of mistreatment under Title VI of the Civil Rights
Act of 1964 and related statutes.
Roles and Responsibilities
The GPATS Executive Director has overall responsibility for the mistreatment report process and
procedures. The Director may, at their discretion, assign a capable person within GPATS to
investigate the report.
The designated investigator will conduct an impartial and objective investigation, collect factual
information and prepare a fact-finding report based upon the information obtained from the
investigation.
In cases where the reportee is unable or incapable of providing a written statement, the reportee
will be assisted in converting the verbal report into a written report. All reports, however, must be
signed by the reportee and/or by the reportee’s representative.
The reportee shall make themselves reasonably available to the designated investigator, to ensure
completion of the investigation within the timeframes set forth.
Filing Reports
Applicability: The report procedures apply to the beneficiaries of the GPATS programs, activities
and services including, but not limited to, the public, contractors, subcontractors, consultants and
other sub-recipients of federal and state funds.
Eligibility: Any person who believes that they or any specific class of persons has been subjected
to mistreatment or retaliation prohibited by Civil Rights authorities may file a report. The report:
Must be based upon race, color, sex, age, national origin, or disability;
Must be reduced to writing; and
Must be filed within 180 calendar days of the alleged occurrence or when the alleged
mistreatment became known to the reportee.
4|PageThis plan requires that SCDOT be immediately notified of any report or allegation of
mistreatment. Every effort will be made to obtain early resolution of reports at the lowest possible
level. The option of informal mediation meeting(s) between the affected parties and the
investigator may be utilized for resolution, at any stage of the process.
Time Limitation and Filing Options Title VI/EJ reports of mistreatment may be filed with:
GPATS
South Carolina Department of Transportation
Federal Highway Administration
U.S. Department of Transportation
In all situations, the GPATS and County employees must contact the GPATS Executive Director
immediately upon receipt of a Title VI/EJ report.
Keith R. Brockington, AICP
County Transportation Planning Manager/GPATS Executive Director
Greenville County Department of Planning and Code Compliance
GPATS | Greenville-Pickens Area Transportation Study
(864)-467-7143
kbrockington@greenvillecounty.org
Reports must be filed no later than 180 calendar days after:
The date of the alleged act of mistreatment; or
The date the person became aware of the alleged mistreatment; or
Where there has been a continuing course of discriminatory conduct, the date on which the
conduct was discontinued.
Receipt and Acceptance When any element of the Greenville-Pickens Area Transit Study
(GPATS) receives an inquiry, comment or report which alleges or implies mistreatment as
addressed by Title VI of the Civil Rights Act of 1964 and its progeny, it will be logged in and
immediately forwarded to the SCDOT’s Office of Business Development and Special
Programs.
The GPATS Executive Director will respond within ten (10) calendar days from date of receipt,
advising receipt of the report and that the matter was forwarded to SCDOT for further
processing. The Director’s letter will also contain the appropriate SCDOT contact information.
GPATS will fully cooperate with the appropriate agency throughout the entire investigative
process.
Reports must be in writing and must be signed by the reportee and/or the reportee’s representative.
The report must set forth as fully as possible the facts and circumstances surrounding the claimed
mistreatment. In the event a person makes a verbal report of mistreatment to a GPATS employee,
or other person authorized to receive reports on behalf of GPATS, shall interview the person. If
5|Pagenecessary, the authorized person will assist the person in writing the report for the person or the
person’s representative to sign.
Designated GPATS special emphasis area operating elements will require the
sub-recipients they serve to forward to the Director any report of mistreatment
made to them about their own actions or actions of sub-grantees or contractors.
6|PageInternal Report Processing
Initial Contact
Special emphasis program area representatives serve as GPATS’s resources for members of the
public who wish to file a mistreatment report under Title VI/EJ and related statutes. As resources,
they will provide reportees with:
1. An explanation of their filing options;
2. The mistreatment report process; and
3. A Title VI/EJ and Related Statutes Mistreatment report Form.
Use of the Report Form is not necessary for the reportee. Rather, it is intended to help the reportee
provide enough information to begin processing the report.
The Report Review Process
1. The Director or their designee, reviews the report upon receipt to ensure that relevant
information is provided, the report is timely, and meets jurisdiction.
2. The report shall be investigated, unless:
The report is withdrawn.
The reportee fails to provide required information.
The report is filed beyond the 180 calendar day timeframe.
The reportee is not part of a protected group.
The report is determined to be more appropriately under a jurisdiction other than
GPATS. If this is the case, the reportee will be directed to the appropriate agency.
3. Upon determination that the report warrants a GPATS investigation, the reportee is sent a
letter, acknowledging receipt of the report, and giving the name of the investigator.
4. The respondent – the person alleged to have committed the mistreatment -- is notified by
mail that they have been named in a report. The letter also includes the investigator’s name
and informs the respondent that they will be contacted for an interview.
7|PageTitle VI Liaison
The Title VI Liaison for the GPATS region is Asangwua Ikein. The Title VI Liaison duties include;
Having a working knowledge of Title VI and the report process.
Attending training on the Title VI and other Non-mistreatment authorities when offered.
Disseminating Title VI information to the public and in languages other than English, when
necessary.
Coordinating and execute Title VI educational and outreach activities.
Implementing procedures for the prompt processing of Title VI mistreatment reports.
Developing a process to collect data on race, color, or national origin so these groups are
included and not disproportionately impacted.
o GPATS collects any and all Title VI Reports via GPATS’ Title VI Report Form.
Any reports are then investigated in conjunction with SCDOT Public Involvement
& Title VI Office of Planning & Asset Management.
o Also, GPATS collects its demographic data for vulnerable group locations in the
GPATS region from the US census.
Committing 10% of administrative work time on Title VI.
The Title VI Liaison for the GPATS can be reached at;
Asangwua Ikein
Transit Planner/Grants Manager
Greenville-Pickens Area Transportation Study (GPATS)
Greenville County Square
301 University Ridge, Suite 3800, Greenville, SC 29601
(864) 467-7287 (work)
(864) 467-7161 (fax)
AIkein@greenvillecounty.org
GPATS is committed to ongoing training for the Title VI Liaison.
March 12,
________________________________________________________________
2020
Keith Brockington, GPATS Executive Director
8|PageTitle VI Report Form
Greenville-Pickens Area Transportation Study
Section I:
Name:______________________________________________________________________
Address:_____________________________________________________________________
Telephone
Home: _______________ Work: _______________ Cell: _______________
Email:______________________________________________________________________
Accessible Format Requirements?
□ Large Print □ Audio Tape
□ Telecommunication Device for the □ Other: _________________________
Deaf (TTY’s)
Section II:
Are you filing this report on your own behalf?
o Yes* o No
*If you answered "yes" to this question, go to Section III.
If not, please supply the name and relationship of the person for whom you are reporting:
____________________________________________________________________________
Please explain why you have filed for a third party:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
9|Page____________________________________________________________________________
____________________________________________________________________________
Please confirm that you have obtained the permission of the aggrieved party if you are filing on
behalf of a third party.
o Yes o No
Section III:
I believe the mistreatment I experienced was based on (check all that apply):
□ Race □ Color □ National Origin
Date of Alleged Incident (Month, Day, Year): ___________________________________
Explain as clearly as possible what happened and why you believe you were mistreated. Describe
all persons who were involved. Include the name and contact information of the person(s) who
mistreated you (if known) as well as names and contact information:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Signature of Reportee Date
Or mail/fax to: Keith Brockington/Asangwua
Ikein
Greenville County Square
301 University Ridge, Suite 3800
Greenville, SC 29601
Fax: (864)-467-7161
10 | P a g eDate Report Mistreatment Remarks/Final
Name of Reportee Address Telephone
Received Based On? Disposition
11 | P a g e
Title VI Report Log
Year:
_____Investigations, Reports, & Lawsuits
GPATS has no past or current reports.
12 | P a g ePublic Participation Plan (PPP)
GPATS has created a PPP that can be found on the GPATS website.
13 | P a g eLimited English Proficient (LEP) Plan
GPATS has created a LEP Plan that can be found on the GPATS website.
Note: GPATS is assuming that LEP populations that don’t speak English “very well” might also
be immigrant populations.
14 | P a g eYou can also read
